The Supreme Court on Tuesday passed a slew of directions to ensure uniform implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all States and Union Territories (UTs) of the country.
The Bench of Justice BV Nagarathna and Justice N Kotiswar Singh ordered the formation of Internal Complaints Committees (ICCs) for all government departments and public sector undertakings, along with the creation of SheBox portals, a complaint box meant exclusively for women, for nationwide compliance of the POSH Act.
Earlier in May 2023, the Apex Court had taken strong exception to the fact that even a decade after the enactment of the POSH Act, serious lapses remained in its effective enforcement.
Noting that all State functionaries, public authorities, private undertakings, organizations and institutions were duty-bound to implement the POSH Act in letter and spirit, the Bench had directed the Central government, as well as State governments, to take affirmative action and ensure that the object behind enacting the POSH Act was achieved in real terms.
Advocate Padma Priya had been appointed as Amicus Curiae in the matter.
The top court of the country had directed the governments to file affidavits regarding the robust implementation of the POSH Act across the length and breadth of the country.
Till the time a proactive approach was not taken by the State and non-State actors, the Act would never succeed in providing the dignity and respect women deserved at the workplace, the Court had observed.
Amicus Curiae Padma Priya today outlined the existing mechanisms under the National Legal Services Authority (NALSA).
She suggested that helpline number 15100 should connect victims to District Legal Services Authorities (DLSAs) and Legal Service Management Systems should allow victims to lodge complaints online. the Amicus further suggested the availability of female lawyers for assistance in matters related to women.
Representing the Union of India, Additional Solicitor General (ASG) Aishwarya Bhati highlighted the importance of SheBox portal as a grievance redressal tool, however, she noted that private sector organisations were absent from the platform.
The Counsel for the petitioner alleged non-compliance by private sector employers, despite statutory mandates.
The Bench ordered all the States/UTs to appoint a District Officer in each district by December 31, 2024. The District Officer was further directed to constitute a Local Complaints Committee (LCC) by January 31, 2025.
The top court of the country ordered the appointment of nodal officers at taluka levels, as well as uploading details of nodal officers, LCCs, and Internal Complaints Committees (ICCs) on the SheBox portal.
The Deputy Commissioners or District Magistrates were directed to survey public and private organisations for ICC compliance under Section 26 of the POSH Act and submit compliance reports.
The Bench said that private sector stakeholders should be engaged to ensure the constitution of ICCs and adherence to statutory provisions.
All the States and UTs were ordered to create localised SheBox portals wherever absent. Complaints received on the portal should be directed to the respective ICCs or LCCs, it added.
The Apex Court directed the formation of ICCs in all government departments and public sector undertakings.
The Bench directed the Chief Secretaries of all States to oversee the execution of its directions, giving them time till March 31, 2025 for compliance of its directions.
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